Child support

Child support statute of limitations.

Child support statute of limitations Suppose a parent has not paid child support in 10 years, is the child support order still enforceable? The answer is found in the current child support statute of limitations law. Michigan compiled Laws section 600.5809(4) provides that the child support statute of limitations is 10 years from the date[…]

Best interest of the child factor (g) – The parties health

Custody in Michigan – Best interest of the child factor (g)  Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g).  Best interest of the child factor (g) addresses the mental and physical health of the parties[…]

Marriage and divorce

Marriage is the chief cause of divorce

“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian.  However, divorce is never funny. While marriage can be wonderful, it can also be problematic.  For many, marriage[…]

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How to prevent parental kidnapping in Michigan

How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child.  Maybe they lost custody or are angry and want to hurt the other parent.  Whatever the case, parental kidnapping is a federal crime and a crime in Michigan.  In many cases, parental kidnapping can be prevented.[…]

Waiting period

The statutory waiting period for a Michigan divorce

The Michigan divorce statutory waiting period The statutory waiting period for a Michigan divorce is dictated by statute.  The Law – Michigan Compiled Laws 552.9f (MCL 552.9f) The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f.  MCL 552.9f provides that a Michigan divorce without a minor child must wait[…]

UCCJEA

The UCCJEA in Michigan: Transferring custody to Michigan

The UCCJEA in Michigan:  Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation.  So what happens if the home state of the child changes? For example, if the parents[…]

Custody in Michigan – Best interest of the child factor (f)

Custody in Michigan – Best interest of the child factor (f) Best Interest of the Child Factor :      One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f).                              Best[…]

Custody in Michigan – Best interest of the child factor (e)

Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

Divorce tricks

The top five dirty divorce tricks

   The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers.  These triggers can result in revengeful gamesmanship or greed.  Some spouses will use every trick in the book to win at all costs. 1.  Conflicting out top attorneys: It is important to hire a top attorney[…]

Custody in Michigan – Best interest of the child factor (d)

Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d).  Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]

The Friend of the Court Referee

The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases.  A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]

Michigan Divorce Evidence – The Rules of Evidence

Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence.  The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial.  Imagine wanting to introduce very important evidence only to[…]

Custody in Michigan – Best interest of the child factor (c)

Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is .  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]

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Parenting time bracket

Parenting time bracket By:  Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket?  A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]

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Changes in Macomb County divorce court

Changes at Macomb County divorce court Change is the law of life.  Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court.  The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]

Custody in Michigan – Best interest of the child factor (b)

Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b).  Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]

joint custody

Joint custody in Michigan – What does it mean?

Joint custody in Michigan – What does it mean? It seems everyone wants Joint custody in Michigan these days but what does Joint custody in Michigan law really mean? We find the answer to this question in Michigan Custody Statute, Michigan Compiled Laws Section 722.26(a)(7). Parenting time or Visitation and Joint Custody in Michigan Under the[…]

Best Interest Factors

Custody in Michigan – Best interest of the child factor (a)

Custody in Michigan – Best interest of the child factor (a) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (a).  Best interest of the child factor (a) examines the love, affection and other emotional ties existing between[…]

Birthday parenting time

Michigan parenting time and the child’s birthday

Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children.  In a perfect world, parents get along and a parenting time order could read something like:  “The parents are awarded liberal and frequent parenting time”.  Since we do not live in a perfect[…]

Sue a Judge

Can you sue a Judge or the Friend of the Court? Judicial Immunity

Can you sue a Judge or the Friend of the Court?  Judicial Immunity – By: Daniel Findling (c) 2014 What if a Judge or the Friend of the Court makes a negligent or intentional error? Can you sue a Judge? Nope. Can you sue the Friend of the Court? Maybe. Why not? Because of a concept[…]

Michigan divorce

Michigan divorce and Michigan Custody law – equity

Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity.  Divorce and custody law is the written rules of law found in statutes, court rules and court cases.  Equity is best described as doing what[…]

Holiday parenting time

Holiday Parenting Time in Michigan

Holiday Parenting Time in Michigan The holidays can be overwhelming for families that are divorced or in the process of getting a divorce.  While the holidays are traditionally spent as one family, after divorce, the holidays are typically celebrated in two different households sharing similar (or different) traditions.  While many Michigan divorce and Michigan custody[…]

Kids and divorce

Child Custody in Michigan – Do not make it the kids fault.

Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents.  It impacts the children.  In times of change, it is important to protect children from a pending divorce or custody in Michigan case.  Parents should remember that a divorce or custody[…]

Attachment theory

Attachment theory and Custody in Michigan

Attachment theory describes the emotional bonds a child develops to other people and the impact the bonds have on development. Attachment theory in psychology originates from a London psychiatrist named John Bowlby and his treatment of emotionally abused children.  In 1958, Dr. Bowlby developed the notion that early separations of a child with their mother[…]

Reasonable parenting time in Michigan

Reasonable parenting time in Michigan. Michigan divorce and Michigan custody law provides that children have a right to a relationship with both parents.   This is sometimes accomplished with an award of liberal and reasonable parenting time in Michigan for the parents or a specific reasonable parenting time schedule. Absent an agreement by the parties, the[…]

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